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MASON v. HIRSCH

Civ. A. No. 16101.

140 F.Supp. 453 (1956)

Norman P. MASON, as, and in his official capacity as, Federal Housing Commissioner, and Farragut Gardens No. 1, Inc., Farragut Gardens No. 2, Inc., Farragut Gardens No. 3, Inc., Farragut Gardens No. 4, Inc., and Farragut Gardens No. 5, Inc., Plaintiffs, v. Alexander P. HIRSCH, Henry Hirsch, Morris Kavy, Martin Beneder, Bertram Kavy, Yale Adelsohn, Gladys P. Hirsch, Howard A. Hirsch, Faye Kavy, Gilbert Kavy, Louis Benedek and Myrtle G. Hirsch, Leonore Benedek and Janet Benedek, individually and as trustees, Defendants.

United States District Court E. D. New York.

Amended Opinion April 23, 1956.

Attorney(s) appearing for the Case

Leonard P. Moore, U. S. Atty., Brooklyn, N. Y., Albert H. Buschmann, Brooklyn, N. Y., Lloyd H. Baker, Brightwaters, N. Y., and Michael W. Graney, Asst. U. S. Attys., Brooklyn, N. Y., of counsel, for plaintiffs.

Schwartz & Frohlich, Arthur H. Schwartz, Everett A. Frohlich, and Stuart G. Schwartz, of counsel, for defendants.

ABRUZZO, District Judge.

This is a motion made by the defendants for a dismissal of the complaint on the ground that Norman P. Mason in his official capacity as Federal Housing Commissioner has no right to bring this action and on the further ground that the Court lacks jurisdiction over the subject matter.

The complaint is civil in nature and seeks to recover funds belonging to each of the five Farragut Corporations, the complaint alleging that these funds...

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